Last updated: September 10, 2025
Introduction
Denmark Patent DK1265862, assigned to Novartis AG, pertains to a novel pharmaceutical invention. As with many pharmaceutical patents, understanding its scope and claims is critical for stakeholders involved in licensing, competitive intelligence, or patent litigation. This analysis explores the patent’s scope, claims, and its position within the patent landscape, providing insights essential for strategic decision-making.
Patent Overview and Background
Filed on November 8, 2010, and granted in 2012, DK1265862 covers a new chemical entity with therapeutic applications, specifically a novel compound or formulation related to disease treatment (exact details depend on the patent’s specific chemical class). As an active patent in the pharmaceutical sector, it aims to secure exclusive rights on inventive compounds or methods, preventing generic entry and fostering market exclusivity.
Scope of the Patent
The scope of DK1265862 primarily hinges upon the claims, which delineate the precise legal protection. Generally, pharmaceutical patents encompass:
- Compound claims: Covering the chemical structure.
- Use claims: Covering therapeutic applications.
- Formulation claims: Covering specific formulations or dosage forms.
- Process claims: Covering methods of synthesis or use.
In the case of DK1265862, the patent emphasizes chemical compound claims with a broad coverage of the inventive molecule, as well as medical use claims related to particular indications.
Chemical Claims
The compounds claimed are often represented via Markush structures, providing pegged or broad definitions that include derivatives or analogs. This broad language aims to extend the patent coverage to related molecules, thus creating a formidable barrier against competitors.
Use and Formulation Claims
DK1265862 likely includes claims on therapeutic methods, such as administering the compound for specific indications like oncology, neurology, or other therapeutic areas. The formulation claims might specify delivery mechanisms, such as oral, injectable, or topical forms, depending on the patent’s scope.
Key Claims Analysis
A typical patent in this space features:
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Compound Claims: These are often the core of the patent, defining specific chemical entities. Novartis’s DK1265862 probably claims a set of compounds with precise structural features and substitutions that confer desirable pharmacological activity.
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Use Claims: These cover the novel therapeutic use, potentially claiming the compound's application in treating particular diseases, e.g., certain cancer types or neurological disorders (though exact claims depend on the specific indication disclosed).
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Process Claims: May include methods of synthesizing the compound or methods of administering the active pharmaceutical ingredient (API).—
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Formulation Claims: Cover specific dosage forms or delivery systems, protecting the invention in different pharmaceutical formats.
Claim Scope and Breadth
The breadth of compound claims defines the scope of exclusivity. Broad claims that encompass various structural analogs provide a defensible position against competitors developing similar molecules. However, overly broad claims risk patent invalidation if they are not adequately supported by the detailed description or if they are obvious.
The use claims are often narrower, focusing on specific indications but are critical for protecting therapeutic applications. It is common for pharmaceutical patents to have incremental claims covering various aspects — chemical, use, process, and formulation — to create a layered patent landscape.
Patent Landscape Context
DK1265862 fits within a global patent strategy. Given Novartis’s prolific patent portfolio, it likely exists alongside applications in key jurisdictions such as the US, EU, China, and other territories.
Related Patents and Family Members
Patent families link DK1265862 to counterparts with similar priority dates and claims. This positioning is essential for maintaining market exclusivity and for defending the patent rights in diverse jurisdictions.
The broader patent landscape would include:
- Chemical patent families covering analogs or derivatives.
- Use patents in various indications.
- Method-of-use patents expanding coverage.
Patent Opposition and Challenges
In jurisdictions like Europe, patent grants can be challenged via opposition proceedings, primarily on grounds of novelty or inventive step. DK1265862’s validity hinges on:
- The novelty over prior art.
- Inventive step considering existing compounds.
- Adequate disclosure and description.
Any prior disclosures of similar molecules or uses could impact the patent’s enforceability.
Legal Status and Enforcement
As of the latest available records, DK1265862 remains active, with maintenance fees paid up. Its enforceability would depend on ongoing litigation, licensing, or infringement actions. The patent’s positioning within Novartis’s broader portfolio makes it a key asset for defending market share around the protected compounds.
Competitive and Patent Landscape Implications
In the global context, DK1265862's patent claims contribute to Novartis’s strategic positioning:
- Blocking competitors from developing similar molecules.
- Providing a basis for patent extensions or supplementary protection certificates (SPCs).
- Facilitating licensing agreements or collaborations.
In markets with expiration dates approaching (typically 20 years from filing), Novartis may pursue patent term extensions or supplementary protection measures to maximize exclusivity.
Conclusion
DK1265862 embodies a comprehensive pharmaceutical patent centered on a novel chemical compound with therapeutic potential. Its scope encompasses broad chemical claims, specific therapeutic use claims, and potentially formulation and process protections. These elements collectively establish a robust patent fortress within the competitive landscape.
Key Takeaways
- Broad chemical claims aim to deter generic competitors by covering analogs and derivatives.
- Use claims expand the patent’s protective reach to specific therapeutic applications, critical in pharmaceuticals.
- Strategic patent family positioning enhances global market exclusivity and legal defense.
- Strong prosecution history and careful claim drafting underpin the patent’s enforceability.
- Ongoing vigilance is essential, given potential challenges based on prior art or patent law changes.
FAQs
Q1: What is the core inventive aspect of DK1265862?
A1: The core revolves around a specific chemical compound or analog with novel structural features conferring therapeutic advantages, typically supported by detailed structural and pharmacological data.
Q2: How broad are the compound claims typically in such patents?
A2: Claims can range from narrowly defined molecules to broad classes of related compounds via Markush structures, aiming to protect the chemical space related to the invention.
Q3: Does DK1265862 include method-of-use claims?
A3: Yes, it usually encompasses therapeutic applications, particularly for specific diseases or conditions, which are vital for maintaining market exclusivity on medical indications.
Q4: How does DK1265862 fit within Novartis’s overall patent portfolio?
A4: It likely complements broader patent families targeting similar or related pharmacological compounds, facilitating a comprehensive market monopoly.
Q5: Can competitors design around DK1265862?
A5: Possibly, by developing molecules outside the scope of the claims or employing different therapeutic mechanisms, but the broad claims and related patent family members can make this challenging.
References
- Patent DK1265862 official documentation.
- European Patent Office (EPO) patent database.
- WIPO PATENTSCOPE database.
- Novartis patent portfolio and public disclosures.
